Hyde

MEMORANDUM *

Plaintiff Perry A. Hyde appeals the district court’s judgment affirming the final decision of the Commissioner of Social Security to deny his application for Supplemental Security Income disability benefits.

The ALJ did not err by favoring the opinion of the non-examining physician over the opinions of Plaintiffs treating and examining doctors. The ALJ did not solely base his determination on the testimony of the non-examining doctor, but considered a number of other factors as well which are documented in the record. See Lester v. Chater, 81 F.3d 821, 830-31 (9th Cir.1995) (stating that an ALJ can favor the opinion of a non-examining doctor when the ALJ offers specific and legitimate reasons that are supported by substantial evidence in the record). For instance, the ALJ noted that one of Plaintiffs treating physicians concluded that Plaintiffs laboratory tests were not diagnostic and were only suggestive that Plaintiff suffers from inner ear perilymph fistula. In addition, the ALJ explained that there was evidence in the record demonstrating that Plaintiff was exaggerating his symptoms.

The ALJ was also not required to disqualify the non-examining physician…